Legal Opinion

Hurd v. Gere

Appellate Division of the Supreme Court of the State of New York

Decided March 2, 1898PublishedCited by 2 opinions

Appeal from judgment on report of referee. Action by Lorenzo D. Hurd against Theodore D. Gere and others. Judgment for plaintiff. Defendants appeal. Affirmed.

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Appeal from judgment on report of referee. Action by Lorenzo D. Hurd against Theodore D. Gere and others. Judgment for plaintiff. Defendants appeal. Affirmed. The controversy in this action arose out of a contract, of which the following is a copy: “This agreement, made this 24th day of December, A. D. 1884, between L. D. Hurd, of Wellsville, N. Y., and J. C. Sampson, of Elmira, N. Y., of the first part, anrl Gere, Truman, Platt & Oo., of Owego, N. Y., of the second part, witnesseth: That, whereas, letters patent of the United States were granted the parties of the first part June 24, 1879…

1Opinion of the CourtPutnam, J.

It is claimed by the appellants that under the contract above set out the patentees conveyed to the defendants, for the whole territory of the United States, for the full term of the patent, all benefits and advantages accruing thereunder, and hence the latter, under the writing, were in fact .assignees, and not mere licensees, and as assignees could assert and show the invalidity of the second patent as a defense to the action. Herzog v. Heyman, 151 N. Y. 587-592, 45 N. E. 1127. We are unable to concur in the views of the appellants that under the contract they are to be regarded as…

2Cases cited15 opinions

  1. Waterman v. MacKenzieSupreme Court of the United States · 1891
  2. Gayler v. WilderSupreme Court of the United States · 1851
  3. Littlefield v. PerrySupreme Court of the United States · 1875
  4. Vose v. . CockcroftNew York Court of Appeals · 1871
  5. Hilton v. . FondaNew York Court of Appeals · 1881

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3Cited by2 opinions

  1. Agnew v. Kelsey Wheel Co.Michigan Supreme Court · 1915
  2. GAF v. CommissionerUnited States Tax Court · 1943

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